Do I have a leg to stand on?

Southend1

Missbehave wrote: »

I also wanted to add that an email was sent when I was offered the position which said I had to do a certain amount of shifts to get the higher rate which obviously I didn't manage to do because I was sacked but this wasn't in the contract of service or confidentiality agreement that I signed. Does that make a difference?

Ok, no leg to stand on then. This would have formed part of your contract with them

Missbehave

So the fact it wasn't within the contract I signed doesn't matter?

Southend1

Pretty sure it doesn't. For example employment contracts often have terms and conditions set out separately e.g. In staff handbooks. Maybe get some legal advice if you have legal cover through an insurance policy.

Missbehave

Just reading bak through the email it says They are looking for people to do 40 shifts a month and in return for this get a higher rate. Obviously I wasn't able to do that because of being sacked. So does that still mean I can't fight it?

Southend1

Of course you can fight it. You're very unlikely to win if the company has acted within the terms of the agreement though.

Missbehave

I just feel that as I worked 3 hour shifts which wasn't required within the lower position that I should be paid for the role I worked. My wages have been cut by half because of it so I'm not happy. They told me my services were no longer required either in the lower position or the higher so I didn't get a chance to complete the month however when I started my
Position during the middle of the month I only had to do half the shifts required and got higher rate of pay!

getmore4less

What was the notice period for the service supply?

Remember this is not an employment contract.

Looks like a classic stitch up.

vassa

Read the contract. If it says in black and white that you will receive the higher rate unless you resign or step down, then your case against them is already won, it's cast iron. I have a feeling no company would be that stupid to produce that contract then sack you and withold pay.

If it does say that though, take them to court. You didn't resign or step down, you were either sacked, made redundant or told your services weren't needed, none of which constitute what's in the contract and so they cannot withold pay.

Missbehave

This is the get email regarding the position:

Morning All


We are looking for new moderators to join the team.

If you think you have what it takes then we would like to hear from you.

You have to work 3 hour slots, 40 in total for this you get more money per text and you get to work all the services we have.

If you want more information then please email xxxxx

Southend1

vassa wrote: »

Read the contract. If it says in black and white that you will receive the higher rate unless you resign or step down, then your case against them is already won, it's cast iron. I have a feeling no company would be that stupid to produce that contract then sack you and withold pay.

If it does say that though, take them to court. You didn't resign or step down, you were either sacked, made redundant or told your services weren't needed, none of which constitute what's in the contract and so they cannot withold pay.

OP couldn't resign or be made redundant as she was never employed!

What do you make of the email saying she would only receive higher payment if a certain number of shift were completed? Part of the contract or not?